In T 582/90 the witness was heard by the competent court in Nantes, France (in T 827/99, hearing of a witness by national tribunal was held not necessary). In T 1043/93 a notarial statement by Italian witnesses duly summoned but not present was produced on the day of the oral proceedings before the board, with their age cited as the excuse for their failing to appear. The board observed that their age had already been known to the party and that the witnesses had not requested to be heard by the competent court of their country of residence (R. 72(2) (c) EPC 1973, now R. 118(2) (c) EPC).

Art. 131(2) EPC provides the basis for evidence to be taken by national courts or other competent authorities of contracting states (see also R. 120 EPC, R. 150 EPC, and Guidelines E‑IV, 3 – November 2018 version).